AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE L'lllTIAL)	GRADE
(b) (6)
TYPE GEN	x	I	PERSONAL APPEARAN CE	I	RECORD  REVIEW
COClNlll.	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORCANIZATION OFCOUNSEL
YES	No
x
VOTE OF 11lE BOARD
MEMBER  SIITING	HON	GEN	UOTHC	01HER	DENY
(b) (6)	x•+

x•+

x•+ x•+ X*+
ISSUES	A94.05	INDEX NUll411ER	A66.00	EXHIBO'S SUBMflTED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONA L APPEARANCE HEARING

1!£AJUNG DATl:	C"5ENU11411ER

30 Jun 2016	FD-2015-00396
APP1JCNn"5ISllO!NiD11CllOAIUrS M110NALEAl.l!DISCUSm>ONTIIBATTAa.8.ut PmCll UVll!W-	Al.U11CtlAU!.

Case heard in Washington, D.C.

•	CHANGE RE CODE to "3K"

/

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
-	_...	-	·--

(b) (6)

DATE		
 	
TO:
SAF/MRBR
SSO C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM:
SECRt:TARY OFTHEAlll FORCE PERSONNEL COUNCIL AIR FORCE DISCHA.RGE REVIEW BOARD
ICOMMAND DR. EIL WING, JRD f'l.OOR
ANDREWS AFll, MD 2'762-7001		
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00396	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Joint Base Andrews, MD, on June 30, 2016.

No additional exhibits were submitted at the hearing.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as discussed below.

DISCUSSION: The applicant was discharged for Misconduct - Drug Abuse with service characterized as Under Honorable Conditions (General). The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applicant 's discharge, is authorized to change the characterization of service and the reason for discharge if such change iswarranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption , to include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The applicant 's record of service included a Summary Court Martial for wrongfully possessing Spice and providing an official statement with the intent to deceive.

The applicant contends the discharge was inequitable because the charges were never proven to be accurate through evidence.  He also claims that there were no fingerprints, pictures or videos showing that he witnesses others smoking Spice.  Although the Board does not condone this misconduct, the Board finds there exist significant mitigating factors to indicate an impropriety within the discharge process.  After a review of the entire record, the Board found the testimony and evidence that the applicant presented showed impropriety to warrant an upgrade of the discharge.

A discharge is upgraded only if it is established that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found evidence to justify an upgrade of the discharge characterization, change to the reason for the discharge, and the reenlistment code.

CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the procedural and substantive requirements of the discharge regulation and finds the applicant was not provided full administrative due process.

In view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge, the reason for the discharge is more accurately described as Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, United States Code, Section 1553.

Attachment: Examiner's Brief